HomeMy WebLinkAboutDoc 622 - Dedicate New RoadDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of September 22, 2010
Please see directions for completing this document on the next page.
DATE: September 13, 2010
FROM: Paul Blikstad Department CDD Phone # 6554
TITLE OF AGENDA ITEM:
Consideration of acceptance of Document No. 2010-622, a Deed of Dedication for a proposed road
extending west from O.B. Riley Road, approved under application no. RD -09-1.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
Brooks Resources applied for a Road Dedication for a new road extending west from O.B. Riley Road
to provide access to a parcel with no frontage on O.B. Riley Road. The road dedication was approved
by the Planning Division under file no. RD -09-1.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Planning Division has approved the road dedication. Staff recommends that the Board accept the
dedication for the as yet unnamed road.
ATTENDANCE: Paul Blikstad, CDD
DISTRIBUTION OF DOCUMENTS:
The Road Dedication will go to the Clerk's Office for recording.
REVIEWED
LEGAL COUNSEL
After recording return to:
Deschutes County
Community Development Department
For Recording Stamp Only
DEED OF DEDICATION
Bend View Holdings 429 LLC, A Washington limited liability company, does hereby dedicate
to the public for roadway and utility purposes the property described on the attached Exhibit
"A" and depicted on the attached Exhibit "B":
DATED this arti day of "e f4e4 i (keV , 2010.
Bend View Holdings 429 LLC, a Washington limited
liability company
By: Harvest Management Services Corp.
a Washington corporation
Its M- :. -r
B
STATE OF WASHINGTON )
SS.
County of Clark
Norman L. Brenden, President
Before me, a Notary Public, personally appeared Norman L. Brenden, as President of
Harvest Management Services Corp., a Washington corporation, the Manager of Bend View
Holdings 429 LLC, a Washington limited liability company, and acknowledged the foregoing
instrument.
Dated this day of 34)41...nn,l'4
010
pwAr
NOTARY PUBLIC FOR WashingtonhiL
My Commission Expires: 5 �."" ` ' k.' 210, acs i 1
PAGE 1 OF 2 - DEDICATION AND ACCEPTANCE
NOTARY PUBLIC
STATE OF WASHINGTON
ROBIN R. GOINS
Commission Expires September 26. 2011
ACCEPTANCE
Deschutes County, acting by and through its Board of County Commissioners, does hereby
accept the foregoing Deed of Dedication as a public road pursuant to ORS 92.014.
DATED this day of , 2010.
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, CHAIR
ALAN UNGER, VICE CHAIR
TAMMY BANEY, COMMISSIONER
STATE OF OREGON
) SS.
County of Deschutes )
Before me, a Notary Public, personally appeared Dennis R. Luke, Alan Unger and
Tammy Baney, the above-named Board of County Commissioners of Deschutes County,
Oregon, acknowledged the foregoing instrument, on behalf of Deschutes County, Oregon.
Dated this day of , 2010.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
PAGE 2 OF 2 - DEDICATION AND ACCEPTANCE
EXHIBIT A
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ROADWAY RIGHT-OF-WAY DEDICATION
LEGAL DESCRIPTION
A strip of land, 60.00 feet in width, lying in the Southeast one-quarter of Section 7 and the Southwest
one-quarter of Section 8, Township 17 South, Range 12 East, Willamette Meridian, Deschutes County,
Oregon, said strip being 30.00 feet on either side, when measured perpendicular to, the following
described centerline:
Commencing at the SE one -sixteenth comer of the Southeast one-quarter of Section 7, Township 17
South, Range 12 East, Willamette Meridian, said corner being monumented with a 1 inch pipe with brass
cap; thence North 89°34'08" West, 234.38 feet to the northwest corner of Parcel 2 as described in
Statutory Warranty Deed recorded at Volume 2009, Page 51675 of the Deschutes County Official
Records, said point being monumented with a 5/8 inch robot with yellow plastic cap; thence along the
west line of said Parcel 2, South 00°09'22" West, 213.03 feet to the True Point of Beginning of this
centerline description; thence leaving sold west line, South 89°50'38" Bast, 52.20 feet to a point of
curvature; thence along the arc of a 1,000.00 foot radius curve to the left, through a central angle of
01°55'43", an arc length of 33.66 feet (thc chord of which bears North 89°11'30" East, 33.66 feet) to a
point of tangency; thence North 88°13'39" East, 1,006.07 feet to a point of curvature; thence along the
arc of a 300.00 foot radius curve to the left, through a central angle of 21°41'06", an arc length of 113.54
feet (the chord of which bears North 77°23'06" Bast, 112.87 feet) to a point of tangency; thence North
66°32'33" Bast, 195.31 feet to a point of curvature; thence along the arc of a 300.00 foot radius curve to
the right, through a central angle of 70°09' 19", an arc length of 367.33 feet (the chord of which bears
South 78°22'47" East, 344.81 feet) to a point of reverse curvature; thence along the arc of a 300.00 foot
radius curve to the left, through a central angle of 95°02'02", an arc length of 497.60 feet (the chord of
which bears North 89°10'51" Bast, 442.49 feet) to a point of reverse curvature; thence along the aro of a
300.00 foot radius curve to the right, through a central angie of 76°06' 19", an arc Iength of 398.49 feet
'(the chord of which bears North 79°43'00" East, 369.83 feet) to a point of tangency; thence South
62°13'51" East, 273.17 feet to a point of curvature; thence along the arc of a 300.00 foot radius curve to
the left, through a central angle of 20°02'27", an arc length of 104.93 feet (the chord of which bears
South 7295'04" East, 104.40 feet) to a point of tangency; thence South 82°16'18" East, 167.23 feet to a
point on the westerly right-of-way of the Old Bend -Sisters Highway (OB Riley Road) and the terminus of
said centerline description. From said terminus point, the Southwest corner of Section 8, Township 17
South, Range 12 East, Willamette Meridian, bears South 54°03'43" West, 1,827.91 feet.
The sidelines of the above described strip of land shall be lengthened or shortened to snatch the west line
of said Parcel 2 and said westerly right-of-way of the Old Bend -Sisters Highway. The basis of bearings
for the described tract of land is the Central Oregon Coordinate System.
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60' RIGHT OF WAY
DEDICATION EXHIBIT MAP
BROOKS RESOURCES CORPORATION
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Community Development Department
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117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
FINDINGS AND DECISION
FILE NUMBER: RD -09-1
APPLICANT:
OWNER:
Brooks Resources
409 NW Franklin Avenue
Bend, OR 97701
Red Willow, LLC
Bend View Holdings 429 , LLC
2264 McGilchrist Street SE, Suite 210
Salem, OR 97302
REQUEST: Road Dedication for a new local road extending west from O.B. Riley
Road, in an Urban Area Reserve zone.
STAFF CONTACT: Paul Blikstad, Senior Planner
I. STANDARDS AND APPLICABLE CRITERIA:
Title 19 of the Deschutes County Code, Bend Urban Growth Boundary Zoning Ordinance:
Chapter 19.12, Urban Area Reserve Zone (UAR-10)
Section 19.04.956, Definition — Street
Title 17 of the Deschutes County Code, Subdivisions:
Chapter 17.08, Definitions and Interpretation of Language
Chapter 17.52, Road Dedications
II. BASIC FINDINGS:
A. LOCATION: The properties that are the subject of this application are identified on
County Assessor's Map No. 17-12-7 as tax lot 603, and 17-12-8C, tax lot 800. Staff
notes that the applicant has included tax lot 600 in the application, but the proposed road
dedication does not appear to take in any of tax lot 600.
B. ZONING: The subject properties are zoned Urban Area Reserve (UAR-10), and are
designated urban reserve on the Bend Area General Plan.
Quality Services Performed with Pride
C. LOT OF RECORD: Tax lots 603 and 800 are considered one legal lot together, per
County file no. LL -04-83. Tax lot 600 is a legal lot of record, per file nos. LR -0440 and
LL -04-84.
D. PROPOSAL: The applicant is requesting approval of a road dedication for a new local
road that will extend west from O.B. Riley Road across tax lots 800 and 603, ending at
the eastern boundary of tax lot 602. The applicant submitted a title report for the
property as part of the application.
E. PUBLIC AGENCY COMMENTS: The Planning Division sent notice of the proposed
road dedication to several public agencies and received the following responses:
County Road Department;: The Road Department has met with Brooks Resources and
Ed Elkins concerning this application. The access onto O.B. Riley Road is acceptable
for intersection sight distance and the design speed of 30 mph for the curves on the new
right of way are acceptable to the Road Department.
County Property Address Coordinator: If this application is approved, the applicants will
be required to contact the Property Address Coordinator to determine if this road needs
a name, and what that name will be.
County Assessor: Currently under deferral.
Bend Parks and Recreation Department: I was looking at the land use notice I just
received for RD -09-1 regarding the Brooks proposal for a new road dedication off of OB
Riley Road. This road proposal does not exactly match the city's TSP which shows
extensions of Cooley and the Old Bend -Redmond Highway arterial streets and the
unnamed collector road extending west of the Bend -Redmond extension. Therefore, is
this to be a local road even though the western portion of the proposed road appears to
fit with the unnamed collector on the TSP?
Staff note: The County Transportation Planner responded by stating: "This is a local
road that goes back to the property; its location is north of Cooley about midpoint
between two horizontal curves. The intent is still to have a future collector be extended
directly west of Cooley."
City of Bend Enaineer: The proposed road dedication is difficult to assess given there is
no land use proposal accompanying the dedication that might justify the need for
dedication. The City of Bend would caution the applicant that approval of this proposed
road dedication in no way grants approval for a future land use or pattern of
development. In addition, a portion of the proposed alignment is generally located in the
vicinity of a future collector road. Dedication and construction should be consistent with
the collector designation. •
Bend Fire Department:
Street or Road Signs — 2007 Oregon IFC 505.2
Streets and roads shall be identified with approved signs. Signs shall be of an approved
size and weather resistive construction.
Fire Lanes — 2007 Oregon IFC 503.3
RD -09-1 Page 2
Approved signs or other approved notices shall be provided for fire apparatus access
roads to identify such roads or prohibit the obstruction thereof. Such signs or notices
shall be kept in legible condition at all times. Fire lane curbs shall be painted bright red
with white letters. The stroke shall be 1 inch with letters 6 inches high to read "No
Parking Fire Lane." Spacing for signage shall be every 50 feet.
Fire Apparatus Access Roads (General) — 2007 IFC Section 503 and Appendix D
Fire apparatus access roads shall be placed within 150 feet of all exterior walls of the
first floor of all buildings. Fire apparatus access roads shall have an unobstructed width
of not less than 20 feet designed with an approved driving surface to support the
imposed GVW of 60,000 lbs. and a vertical clearance of not Tess than 13 feet 6 inches.
Tuming radius shall not be less than 45 feet and gradient shall not exceed 12 percent
unless the authorities having jurisdiction approve a variance. Dead-end access roads in
excess of 150 feet in length shall be provided with approved provisions for turning
around of fire apparatus. A cul-de-sac, hammerhead or other means for the turning
around of fire apparatus may be approved.
Additional Comments: The road dedication shall allow for compliance with the above
mentioned section of the 2007 Oregon Fire Code.
Pacific Power and Light: No comment response.
The following agencies did not respond: Bend Fire Department, Deschutes County
Surveyor, County Transportation Planner, Cascade Natural Gas, Central Electric
Cooperative, Qwest Communication, Bend -La Pine School District, Oregon Department
of Transportation.
F. PUBLIC COMMENTS: The Planning Division sent notice of the proposed road
dedication to all property owners within 250 feet of the subject properties. One email
letter was received in response to this notice. The letter was concerned with the location
of the road relative to their property. Staff determined and informed this property owner
that the proposed road is approximately 1,100 feet north of that owner's northern
property line. After receiving this information, this property owner had no concerns with
the proposed road.
G. REVIEW PERIOD: This application was submitted on December 17, 2009. The
Planning Division deemed this application complete and accepted it for review on
January 15, 2010.
The applicant has also complied with the posted notice requirements of Section
22.23.030 (B) of Title 22. The applicant has submitted a Land Use Action Sign Affidavit
dated December 28, 2009, that indicates that the applicant posted notice of the land use
action on that same date.
III. CONCLUSIONARY FINDINGS:
A. Chapter 19.12, Urban Area Reserve Zone (UAR-10)
RD -09-1 Page 3
FINDING: The proposed road dedication is subject to Title 17 of the Deschutes County
Code, and is required to have a 60 -foot right of way. The proposed road will be
considered a local street, which will serve the properties on either side of the proposed
road. Staff concurs with the applicant's findings, that roads are not listed in the specific
zones under Title 19 as a land use. This is different than Title 18, which does include
roads as a listed use. Staff finds that the proposed road is allowed as a permitted use in
the UAR-10 zone, as roads are a necessary component of any land development, for
either permitted or conditional uses in the zoning districts.
B. Chapter 17.08, Definitions and Interpretation of Language
Section 17.08.030 defines road and street projects as follows:
"Road and street project" means the construction and maintenance of the
roadway, bicycle lanes, sidewalks or other facilities related to a road or street
Road and street projects shall be a Class 1, Class 11 or Class 111 project.
A. Class 1 Project. Land use permit required. "Class 1 Project" is a major
project such as:
1. A new controlled -access freeway.
2. A road or street project of four or more lanes on a new location; and
3 A major project Involving the acquisition of more than minor
amounts of rights of way, substantial changes In access control, a
large amount of demolition, displacement of a large amount of
residences or businesses, or substantial change in local traffic
patterns.
B. Class 11 Project. Land use permit required. "Class 11 Project" is a
1. Modernization where a road or street is widened by more than one
lane;
2. Traffic safety or intersection improvement which changes local
traffic patterns;
a System change which has significant land use Implications; or
4. The construction of a new County road or street within a dedicated
public right of way,: where none existed before.
C. Class 111 Project. No land use permit required. "Class 111 Project" Is a
modernization, traffic safety improvement, maintenance, repair or
preservation of a road or street.
FINDING: The proposed local road is considered a Class II project. It would be a new
road within a proposed public right of way where none existed before.
C. Chapter 17.52, Road Dedications
1. Section 17.52.010, Purpose.
The purpose of DCC 17.52.010 is to establish procedures for the dedication of
more than minor amounts of road right of way to the public where the dedication
RD -09-1 Page 4
will not be reviewed as part of another land use application. Minor amounts of
road right of way means rights of way no greater than those required for
modernization, traffic safety improvement, maintenance or repair of an existing
road or street. DCC 17.52.010 applies to road dedications which occur outside of
urban growth boundaries in Deschutes County. DCC 17.52.010 requires that road
dedications be reviewed for consistency with the Transportation Policies for new
roads or major road modifications of the Comprehensive Plan.
FINDING: The proposed road dedication is considered more than minor amounts of
rights of way, as listed above. The applicant is not proposing any other land use
application as part of this request. The subject property is located outside of the
acknowledged Bend urban growth boundary. The proposed local road is in the general
area of two roads shown on the Bend Area General Plan map: an extension of Cooley
Road to the west, and an extension of the Old Bend -Redmond Highway to connect with
the Cooley Road extension. Staff finds that the proposed road will not prevent these two
potential future roads from being constructed, should that ever occur.
2. Section 17.52.030. Application.
Any person proposing the dedication of more than minor amounts of road right of
way, where the proposed dedication will not be reviewed as part of another land
use application, shall submit a written application for a land use permit to the
Planning Director. The land use permit application shall Include a completed
request form, a written burden of proof statement which indicates the proposal
complies with the applicable criteria, a map showing the location of the land to be
dedicated, a preliminary title report covering the land to be dedicated, and the
appropriate filing fee.
FINDING: The applicant has submitted the necessary application form, burden of proof
statement, map, preliminary title report and filing fee. These are all in the existing
record.
3. Section 17.52.040. Procedure.
A. When an application has been received and deemed complete, the
Planning Director shall refer the proposal to the Road Department Director
for review and recommendation. The Road Department Director shall
determine the applicable design and improvement standards as set forth in
DCC 17.36 and 17.48 and shall review the application for consistency with
such standards as well as other applicable road standard regulations.
Once the Road Department Director has reviewed the Information and the
materials submitted,. with, the application, the Road Department Director
shall forward findings and a recommendation to the Planning Director.
B. The Planning Director shall make an administrative decision on the
application or refer the application to the Hearings Body for a public
hearing.
C. The Planning Director's choice between or among administrative or
hearing procedures to apply to a road dedication application shall not be
an appealable decision.
RD -09-1 Page 5
D. Applications for land use permits shall be reviewed according to the
applicable approval criteria identified In DCC 17.52050.
FINDING: The Planning Division has deemed the road dedication application complete.
The Road Department has responded to the transmittal request, indicating that the
access onto O.B. Riley Road'is`'acceptable for sight distance and the design speed of 30
mph for the curves on the new right of way; this right of way needs to be 60 feet wide.
There is no plat proposed at this time. An administrative decision is being made on the
application. The proposed road, when constructed, must conform to the County's
standard under Title 17. Staff believes that since this road would be constructed in a
rural area, the road must be constructed to local rural road standards under Table A of
Title 17.
4. 17.52.050. Approval criteria.
A. Applications for road dedications In zones where Class I or 11 road projects,
as defined by DCC 18.04.030 are permitted outright, shall address the
criteria In DCC 18.116.230. Such applications shall also address any
applicable criteria in the zone In which the road dedication is proposed.
B. Applications for road dedications In zones where Class 1 or 11 road protects
defined by DCC 18.04.030, or public road or highway projects defined by
ORS 215.283(2Xp) through (r) and 215.283(3), are permitted as conditional
uses shall address the criteria In DCC 18.116.230 and 18.12 .015. Such
applications shall also address any applicable criteria In the zone in which
the road dedication Is proposed.
FINDING: The proposed dedicatior' is considered a Class II road project. It is thus
subject to the criteria of DCC 1'8.116.230."
5. Section 17.52.060, Administrative decisions.
If the Planning Director decides to act on the application administratively, the
Planning Director shall follow the procedures for review of land use applications
established by DCC 22.20.020 through 22.20.070.
FINDING: The proposed road dedication is being handled administratively, according to
the procedures under Title 22 of the DCC. This includes notice to property owners,
notice to affected agencies, posting of a land use action sign, and also a notice of
decision.
6. Section 17.52.090, Board action on road dedications.
A. Once an application is approved by the Planning Director or Hearings
Body, the applicant shall satisfy all conditions of the land use approval
prior to submitting a declaration of dedication for final action. The
declaration of dedication shall Include a legal description of the land to be
dedicated. Upon receipt of the declaration of dedication, the Planning
Director shall forward the declaration of dedication to the Board for
acceptance or rejection.;. ;
RD -09-1 Page 6
B. Except as otherwise provided under the Deschutes County Code, the
Board shall take final action on the road dedication within 120 days after
the application is deemed complete.
C. Upon the meeting of the Board to take final action on the road dedication,
the applicant shall provide the Board with a supplemental or amended title
report to the preliminary title report submitted with the application. The
supplemental or amended report shall show changes In the condition of
Ude of the relevant property from the date of the preliminary title report up
to and including the time immediately preceding the Board meeting.
D. If the road dedication is accepted by the Board, the declaration of
dedication shall be immediately recorded with the County Clerk
FINDING: The applicant will be=required to submit a legal description for the proposed
road dedication. The property owner(s) must sign the declaration of dedication, which
must be accepted by the Board. The preliminary title report indicates that the property
has a deed of trust associated with the ownership interest. This will require that the
beneficiary of this deed of trust also be a party to the declarations of dedication. If the
road dedication is accepted by the Board, the declarations of dedication must be
recorded with the County Clerk's Office.
D. Section 18.116.230, Standards for Class I and II Road Projects
Class 1 and 11 road or street projects shall be reviewed against the applicable
Comprehensive Plan Transportation Plan element, shall be consistent with
applicable road standards and shall meet the following criteria:
A. Compatibility with existing land use and social patterns, including noise
generation, safety hazards (e.g. children in a residential area), and zoning.
FINDING: The subject property is located in an area of rural development that includes
a few single-family dwellings on parcels ranging in size from approximately one half acre
to as much as 40 acres. The surrounding area is zoned Urban Area Reserve (UAR-10),
Exclusive Farm Use (EFU-TRB), and Multiple Use Agricultural (MUA-10).
The area is served primarily by O.B. Riley Road, which is accessed from the Old Bend -
Redmond Highway and Cooley Road. The proposed road would extend west from O.B.
Riley and serve properties between,the road and the Deschutes River.
The proposed road will not change the existing land use patterns in the area, as it is a
relatively short road (approximately one-half mile) leading back to currently undeveloped
property. The road will not traverse through any subdivisions. It will provide future
access to other parcels, which could increase in density when these properties are
brought into the official urban growth boundary. With the current UAR-10 zoning, the
number of new parcels will be relatively small. There would be no existing homes
served by the new road at this time. The proposed new road will not significantly change
existing traffic pattems in the area, until such time as the entire area is brought into the
urban growth boundary.
RD -09-1 Page 7
The social patterns in the area are probably similar to other rural neighborhoods, where
some interaction between neighbors is present. The proposed new road should have no
impact on these patterns as it will serve properties between O.B. Riley Road and the
Deschutes River.
The noise generated by traffic on the proposed road will be minimal. Very few trips are
likely on this road, until such time as the properties in the area are developed.
Noise will be created during the construction of the proposed road by equipment used to
establish the road. This will only occur during construction, which will be of a limited
duration.
There should be no safety hazards created by the proposed road. There should be no
danger to children on the new road. With a minimum 24 -foot wide road, children and
bicyclists will be visible to drivers.
The proposed road will not affect the zoning in the area. The existing zoning is Urban
Area Reserve (UAR-10), Exclusive Farm Use (EFU-TRB), and Multiple Use Agricultural
(MUA-10). No change to this zoning is proposed and none will occur with the placement
of a new road in the area..,The. proposed new road will not impact development of
existing lots within the area. Access to previously undeveloped land will be created.
This criterion is met.
B. Environmental Impacts, Including hazards Imposed to and by wildlife (e.g.
migration or water use patterns).
FINDING: The proposed road will require some removal of juniper and ponderosa pine
trees and other native ground cover. The amount of vegetation needing to be removed
compared to the existing vegetation is fairly small. When the road is constructed, the
actual surface and shoulder of the road will take up less than half the right of way. There
are deer in the area, but with a local road and lower speeds, hazards imposed by wildlife
should be minimal. This area is not in an area designated as deer winter range or
significant elk habitat as listed on the County zoning map. This criterion is met.
C. Retention of scenic quality, Including tree preservation.
FINDING: As indicated above, some trees will need to be removed to accommodate the
proposed road, along with some ground cover. The removal of this vegetation will not
create a significant impact on scenic quality in the area. Some of the trees in the area
have already been removed for the irrigated ground used for farming. This criterion is
met.
D. Means to improve' 'file' 'Safety and function of the facility, including
surrounding zoning, access control and terrain modifications.
FINDING: The proposed road will be required to have a 20 -foot wide travel surface and
a 60 -foot right of way, as established under Table A of Title 17. The road will require
some terrain modifications. Since it will be a local road, access control will not be of any
great concern. The road will be as straight as feasible, which will enhance visibility for
vehicles using the road. The zoning will only allow those uses listed under Chapter
19.12 of Title 19 of the Deschutes County Code for the UAR-10 portion of the road, and
RD -09-1 Page 8
Chapters 18.16 and 18.32 of Title 18, which all require review for access. This criterion
is met.
E. In the case of roadways where modification results In a change of traffic
types or density, impacts on route safety, route land use patterns, and
route nonmotorized/pedestrian traffic.
FINDING: The proposed road will provide access to properties located between O.B.
Riley Road and the Deschutes River. Because of the current relatively small number of
parcels, staff finds there should be minimal impacts on traffic density and route safety as
the existing roads in the area currently serve other lots and parcels. Traffic types in the
area will not be altered. This proposed road will not provide access for through traffic
and only serve the properties west of O.B. Riley Road. In addition, staff finds
nonmotorized and pedestrian traffic will not be adversely impacted by the proposed
road. This criterion is met.
F. Consideration of the potential developmental Impact created by the facility.
FINDING: The proposed road will serve as access to properties between O.B. Riley
Road and the Deschutes River. The proposed road should not impact the undeveloped
parcels yet to be built in the area, except to provide access from this new local road to a
collector road (0.B. Riley Road). This road will enhance the development potential for
this adjacent properties. This criterion is met.
G. Cost-effectiveness.
FINDING: The proposed roa,swill Se constructed by the applicant at a total cost to the
applicant, or the applicant's sucpe6sors. The new road will not be maintained by the
County. Maintenance of the road will be required to be a responsibility of the applicant
as well. No public funds will be expended for construction of this road.
IV. CONCLUSION:
The proposed road dedication meets the criteria under Titles 17 and 19 of the County
Code.
V. DECISION:
APPROVAL of the road dedication, subject to the following Conditions of Approval.
VI. CONDI11ONS OF APPROVAL:
1. All persons with an ownership interest in the properties subject to the road dedication
shall sign declarations of dedications. The applicant shall submit an up to date title
report or subdivision guarantee verifying ownership of the properties prior to acceptance
by the county as a public road. •
RD -09-1 Page 9
2. The road right-of-way shall be surveyed and a legal description submitted for the right-
of-way dedication. The right-of-way shall be a minimum of 60 feet in width.
3. The proposed road shall be constructed to the standards under Table A of Title 17 for a
rural local road.
VII. DURATION OF APPROVAL:
The declaration of dedication for the proposed road shall be completed and recorded
with the County Clerk's Office within two (2) years following the date this decision becomes
final, or obtain an extension of time pursuant to Section 22.36.010 of the County Code, or this
approval shall be void.
This decision becomes final twelve (12) days after the date mailed, unless appealed by a
party of interest.
DESCHUTES COUNTY PLANNING DIVISION
Agatdu0
Written by: Paul Blikstad, Senior Planner
Reviewed by: Kevin M. Harrison, Principal Planner
PEB/slb
Dated this 22n1 day of January, 2010
Mailed this day of January, 2010
RD -09-1 Page 10